Monrovia — Monrovia - As the Supreme Court prepares to render its decision on the ongoing leadership crisis within the House of Representatives, legal experts and political commentators have expressed contrasting views on the legal and parliamentary implications of recent events.
At the heart of the controversy is the status of Speaker J. Fonati Koffa, whose leadership has come under scrutiny following a vote of no confidence by a group of lawmakers. The group, named and styled "Majority Boc," declared the Speaker's position vacant and elected one of their members, Rep. Nagbe Koon (UP, District 11, Montserrado County) as Speaker.
The Majority Bloc also declared all of the committees set up by Speaker Koffa null and void and set up new committees.
Speaker Koffa and his allies fled to the Supreme Court for redress. They have filed multiple writs calling on the Supreme Court to rule that the lawmakers' actions are unconstitutional.
The move has sparked a heated legal and political debate.
Speaking on the matter, Cllr. Tiawan Saye Gongloe, former President of the Liberia National Bar Association accused President Boakai of supporting the "illegal removal of Speaker Koffa through his actions and inaction.
"It's not any other person below the Speaker. Unless the Speaker is removed, the President must deal with the Speaker. As long as the Speaker has not been removed, he is the head of the Legislature; when the President is interacting with the Legislature, he must, as a matter of law, deal with the Speaker." said Cllr. Gongloe.
Addressing the controversy surrounding the Executive Branch's decision to submit the draft national budget to the Majority Bloc instead of Speaker J. Fonati Koffa, Cllr. Gongloe cited constitutional provisions to emphasize that the President is legally obligated to deal with the Speaker as the head of the Legislature.
"It's not any other person below the Speaker. Unless the Speaker is removed, the President must deal with the Speaker. As long as the Speaker has not been removed, he is the head of the Legislature. When the President is interacting with the Legislature, he must, as a matter of law, deal with the Speaker," Cllr. Gongloe.
Explaining the legislative process, he added when the President submits the budget to the Legislature through the Speaker, the Legislature examines and decides on it, either passing it or sending it back for amendment.
He added the Executive drafts the budget, but it is the Legislature that makes appropriations because they represent the people and understand their needs. Therefore, as long as the Speaker remains in office, the President must submit the budget through him."
President Boakai was staunchly criticized when he submitted the draft 2025 FY budget to the Deputy Chief Clerk Comicks Chea for onward submission to the Majority Bloc. Usually, officials from the Ministry of Finance, mostly the Minister or designated deputies, would submit the budget to the office of the Speaker in person. However, this year, the Ministry did not follow the usual protocol.
Criticism of Executive's Action
Cllr. Gongloe strongly criticized the President's decision to bypass Speaker Koffa, describing it as a grave misstep.
"The President was ill-advised to give the budget to the Majority Bloc. Whoever advised him ignored the law. Politics that disregards the rule of law leads to chaos. It is in the President's interest to follow the law because the same majority today could unlawfully attempt to impeach him," Gongloe was quoted by the Analyst Newspaper.
He accused the Majority Bloc of acting outside the bounds of the Constitution, branding their actions as illegal. "They are dissidents because they have chosen to disregard our Constitution. An illegal process cannot produce a legal outcome," he noted.
Potential for Constitutional Crisis
Cllr. Gongloe warned that the decision could lead to a significant constitutional crisis, particularly in the budget approval process.
"The Senate could refuse to act on the budget because it did not come from the Speaker. Those in the House of Representatives who act on it would eventually have to present it to the Senate. If the Senate says, 'The Speaker has not been removed, and we cannot receive anything unless it comes through him,' it creates a serious constitutional impasse," he cautioned.
He also highlighted the potential economic consequences, noting that delays in the budget approval process would hinder Liberia's development efforts.
He said if the budget is not approved in time, it will stall development. "All the funds the President needs for development must be appropriated by the Legislature, signed by the President, and published to become law," he said.
On Majority Rule and Speaker's Authority
Cllr. Gongloe dismissed claims by the Majority Bloc that they had the authority to bypass the Speaker.
"It is not might that makes right. The dissident lawmakers claim they have the majority, but they lack the constitutionally required numbers to legally remove the Speaker. The House still has a presiding officer in Speaker Koffa. He is ready and capable to work; he is not incapacitated, absent, or ill. The Constitution does not provide any other way for the House to function without its legally recognized Speaker," Gongloe noted.
He concluded by urging all branches of government to respect the rule of law, warning that continued violations could plunge the nation into deeper political and constitutional turmoil.
Atty. Dunah's dissenting views
However, Atty. Worlea-Saywah Dunah, a former Representative of Nimba County, offered a contrasting perspective. Speaking on OK FM, Atty. Dunah argued that parliamentary norms and practices take precedence in legislative disputes.
"What is happening on Capitol Hill is merely a legislative dispute, and the legislators have solved it already. The majority felt and took a vote of no confidence in the Speaker, and he has become a former Speaker," Dunah said.
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He further explained that the Legislature operates as a parliamentary body where majority rule dictates leadership. "The iron rule in parliamentary bodies is when you lose the majority, you lose the leadership because you have been incapacitated; you cease to function," he added.
Also, writing on his Facebook, Dunah warned if the Supreme Court is not careful, it will provoke a constitutional crisis.
Supreme Court's Role
The Supreme Court's impending decision is expected to clarify whether the vote of no confidence constitutes a legitimate removal of the Speaker or if a formal impeachment process is required. The ruling will not only determine Speaker Koffa's fate, but also set a legal precedent for resolving such disputes in the future.
Broader Implications
The crisis has drawn significant public and political attention, with some stakeholders expressing concerns about potential disruptions to legislative functions. Others see it as an opportunity to strengthen Liberia's democratic institutions and clarify ambiguities in the legal framework governing the Legislature.
As the nation awaits the Supreme Court's decision, the debate highlights the delicate balance between legal principles and parliamentary customs in Liberia's democracy.
